37454 Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 171, 172, 173, 175, 177,

178 and 180

[Docket No. RSPA–97–2905 (HM–166Y)]

RIN 2137–AC41

Transportation of Hazardous Materials;

Miscellaneous Amendments

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: This final rule amends the

Hazardous Materials Regulations (HMR)

by incorporating miscellaneous changes

based on petitions for rulemaking and

RSPA initiative. This action is necessary

to improve safety and to respond to

petitions for rulemaking. The intended

effect of these regulatory changes is to

update, clarify or provide relief from

certain regulatory requirements.

DATES: Effective: The effective date of

these amendments is October 1, 1998.

Compliance: Compliance with the

regulations, as amended herein, is

authorized after August 24, 1998.

Incorporation by reference: The

incorporation by reference of a

publication listed in this final rule is

approved by the Director of the Federal

Register as of October 1, 1998.

FOR FURTHER INFORMATION CONTACT: Joan

McIntyre, Office of Hazardous Materials

Standards, Research and Special

Programs Administration, U.S.

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590–0001, telephone (202) 366–8553.

SUPPLEMENTARY INFORMATION:

I. Background

On March 4, 1995, the President

directed Federal agencies to perform an

extensive review of all agency

regulations and eliminate or revise those

requirements that are outdated or in

need of reform. This final rule is

consistent with the goals of the

President’s Regulatory Reinvention

Initiative. In a continuing effort to

review the HMR for necessary revisions,

RSPA is eliminating, revising, clarifying

and relaxing certain regulatory

requirements in this final rule. On

September 24, 1997, RSPA issued a

notice of proposed rulemaking (NPRM)

under Docket RSPA–97–2905 (HM–

166Y) (62 FR 50222). The NPRM

proposed a number of miscellaneous

changes to the HMR, designed primarily

to reduce regulatory burdens on

industry by incorporating changes into

the HMR based on RSPA’s own

initiative and petitions for rulemaking,

submitted in accordance with 49 CFR

106.31. The NPRM contained

information concerning each proposal

and invited public comment. Readers

should refer to the NPRM for additional

background discussion.

RSPA received about 20 comments in

response to the NPRM. These comments

were submitted by representatives of

trade associations, hazardous materials

consulting firms, chemical

manufacturers, a testing and

manufacturing laboratory and an air

carrier. The commenters expressed

support for various proposals, but

several raised concerns about certain

provisions in the proposals that are

discussed below. One commenter

requested amendments to the HMR

other than those proposed as part of this

initiative; the commenter’s letter was

accepted as a petition for rulemaking

under 49 CFR 106.31.

II. Summary of Regulatory Changes by

Section

The following is a section-by-section

summary of changes and, where

applicable, a discussion of comments

received.

Part 171

Section 171.7

Based on a petition for rulemaking

from the Association of American

Railroads (AAR) (P–1315), RSPA

proposed to update the incorporation by

reference of the AAR manual, ‘‘AAR

Manual of Standards and Recommended

Practices, Section C-Part III,

Specifications for Tank Cars,

Specification M–1002,’’ from the 1992

edition to the 1996 edition. RSPA and

the Federal Railroad Administration

(FRA) reviewed the referenced

requirements in the 1996 manual and

agree that the changes will enhance

public safety. Therefore, RSPA is

incorporating the 1996 edition by

reference.

However, § 173.31(b)(5) provides for

tank cars modified with bottom

discontinuity protection before July 1,

1996, to conform to the requirements of

Appendix Y of the 1992 edition of the

AAR manual. Appendix Y of the 1996

edition of the AAR manual is under

review by an industry task group, of

which FRA is a member, and will be

revised when the group’s task is

complete. Until completion of that

review, RSPA also is retaining its

incorporation by reference of the 1992

edition with a corresponding reference

to § 173.31.

Section 171.8

In the NPRM, RSPA proposed to add

a definition for ‘‘self-defense spray’’ to

correspond with the proposed new

entry, ‘‘Self-defense sprays, nonpressurized, containing not more than 2

percent tear gas substances,’’ Class 9,

that would be added in the § 172.101

Hazardous Materials Table (HMT). Two

commenters suggested that RSPA add

descriptive information in the

definition. The Air Line Pilots

Association (ALPA) suggested adding,

as an example, the commonly used

term, ‘‘pepper spray,’’ as part of the

definition. The other commenter, the

Association of Defense Spray

Manufacturers (ADSM) suggested that

RSPA either add the words ‘‘containing

not more than two percent tear gas or

ten percent oleoresin capsicum’’ in the

proposed definition or consider

capsaicin (the primary capsaicinoid

present in oleoresin capsicum) to be a

tear gas substance and disregard the

percentage of oleoresin capsicum.

ADSM stated that not all pepper sprays

list the capsicum content on the label

and some sprays are labeled as a higher

percentage active ingredient. Although

oleoresin capsicum is the active

ingredient in pepper sprays, RSPA is

concerned that limiting the definition or

shipping description to oleoresin

capsicum would exclude other active

ingredients that may be under

development for use in self-defense

sprays in the future. Therefore, RSPA is

revising the definition to state that for

self-defense sprays the two percent by

mass limitation applies only to tear gas

substances (such as

chloroacetephenone), but not to other

sprays such as (pepper sprays).

The definition of ‘‘Marine pollutant’’

is revised by adding a reference to

§ 171.4, which contains certain

exceptions for marine pollutants.

Adding the reference responds to a

petitioner (P–1256) who stated that

these exceptions are often overlooked.

Section 171.18

Section 171.18 is amended to remove

an obsolete section concerning

registrations filed with the Bureau of

Explosives (BOE).

Section 171.19

RSPA is revising § 171.19 by

terminating all remaining BOE

approvals, other than those made under

approval provisions in Part 179. The

majority of BOE approvals have been

converted to approvals issued by the

Associate Administrator for Hazardous

Materials Safety (AAHMS). RSPA

believes that any remaining BOE
Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations 37455

approvals, other than those applying to

Part 179 requirements, are obsolete. Any

person holding a BOE approval who is

affected by this termination may apply

for a new approval by the AAHMS.

Part 172

Section 172.101

RSPA is adding three new entries and

revising eight existing entries to the

HMT.

The three new entries are ‘‘Pepper

spray, see Aerosols, etc. or Self-defense

spray, non-pressurized,’’ ‘‘Self-defense

spray, see Aerosols,etc.’’ and ‘‘Selfdefense spray, non-pressurized.’’

Because ‘‘not more than two percent by

mass of a tear gas substance’’ is

specified in the definition of ‘‘selfdefense spray,’’ the phrase is not needed

as part of the proper shipping names

and RSPA is removing it from the

proper shipping names in this final rule.

These entries clarify that both the

aerosol and non-aerosol self-defense

sprays are subject to the regulations.

Related changes are made to § 171.8 by

adding a definition of ‘‘self-defense

spray,’’ to § 172.102 by adding a new

special provision A37 for the entry,

‘‘Self-defense spray, non-pressurized,’’

and to § 175.10.

The entries, ‘‘Corrosive solids, waterreactive, n.o.s.’’ (UN3096) and ‘‘Waterreactive solid, corrosive, n.o.s.’’

(UN3131) are corrected by removing

Special Provision 128 for Packing

Groups II and III. For the entry,

‘‘Aluminum smelting by-products or

Aluminum remelting by-products’’

(UN3170), Special Provision 128,

containing a hazard communication

requirement, is added for Packing

Groups II and III.

The entry, ‘‘Detonators, non-electric

for blasting,’’ UN0455 in Column (8A),

is corrected by removing the erroneous

reference ‘‘none’’ in the packaging

exceptions column to read ‘‘63(f),

63(g).’’

RSPA proposed to amend the entry

‘‘Trifluoroacetyl chloride’’ by adding

Special Provision ‘‘B7’’ to Column (7),

in response to a petition for rulemaking

(P–1254). Special Provision B7 states

that safety relief devices are not

authorized on multi-unit tank car tanks.

The openings for the safety relief

devices must be plugged or blank

flanged. After publication of the NPRM,

another petitioner (P–1329) requested

that RSPA add Special Provision B7 for

the entries, ‘‘Dimethylhydrazine,

unsymmetrical,’’ ‘‘Hydrazine,

anhydrous or Hydrazine aqueous

solutions with more than 64 percent

hydrazine, by mass.’’ and

‘‘Methylhydrazine.’’ The petitioner

stated that it is the sole producer of

these materials and pointed out that safe

shipping experience has been

established through DOT exemptions,

DOT-E 11200 and DOT-E 11490, which

authorize the shipment of hydrazine

materials in multi-unit tank car tanks

without relief devices. The petitioner

also sponsored a risk analysis that

focused on the transportation of

propellants that are toxic and the risks

associated with those materials when

transported in multi-unit tank car tanks

equipped with or without safety relief

devices. The results of the analysis

determined that there is an increased

likelihood of the release of toxic

materials when a relief device is

present. The petitioner submitted

similar comments in response to the

NPRM. RSPA has studied the risk

analysis prepared by the University of

Central Florida and finds it to be

credible. RSPA also has determined that

the three additional materials described

on the petition are similar in nature to

‘‘Trifluoroacetyl chloride.’’ Because of

the safe shipping history of the

hydrazine products in multi-unit tank

car tanks without relief devices under

the exemptions, their similarity to

‘‘Trifluoroacetyl chloride,’’ and the

analysis’s conclusions that these

materials can be safely shipped in

multi-unit tank car tanks without relief

devices, RSPA agrees with the petitioner

that these materials warrant the same

provision as for ‘‘Trifluoroacetyl

chloride.’’ Therefore, the four entries,

‘‘Trifluoroacetyl chloride,’’

‘‘Dimethylhydrazine, unsymmetrical,’’

‘‘Hydrazine, anhydrous ‘‘ and

‘‘Methylhydrazine’’ are amended by

adding Special Provision ‘‘B7.’’

Section 172.102

Special Provision 128 is corrected to

provide that aluminum smelting byproducts and aluminum remelting byproducts meeting the definition of Class

8, Packing Groups II and III may also be

classified in Division 4.3 and

transported under ‘‘Aluminum smelting

by-products or Aluminum remelting byproducts.’’ An editorial revision is also

made to the special provision to clarify

that, when classified as Division 4.3, the

Class 8 must be communicated as a

subsidiary risk hazard.

Section 173.32c

RSPA is revising paragraph (j) to

allow monolithic (non-flowable) solid

materials to be loaded into IM portable

tanks to a filling density of less than 80

percent by volume. Paragraph (j)

currently specifies that an IM portable

tank, or compartment thereof, having a

volume greater than 7,500 liters may not

be loaded to a filling density less than

80 percent by volume. The former

requirement was intended to cover

liquid and flowable solid hazardous

materials in order to minimize the risk

of accidents resulting from the sloshing

and shifting of the center of gravity. A

monolithic solid material which

conforms to the tank geometry, such

that the shifting of the center of gravity

is not possible, can be safely transported

in an IM portable tank at a filling

density of less than 80 percent by

volume.

In addition, a new sentence is added

to paragraph (m) which contains the

reference to § 177.834(h) for unloading

of an IM portable tank.

Section 173.40

Paragraph (d)(1) is revised to clarify

that a strong outside box, used to

provide protection for a thin-walled

cylinder or a cylinder equipped with a

valve, does not need to be made to a

specific UN standard. This change is

consistent with similar provisions in

§ 173.301(g)(2) and (k) that permit a

non-specification box to be used for

protection of the cylinder or valve.

Section 173.56

In the NPRM, RSPA proposed to

broaden the provisions in § 173.56(b)(1)

for persons who receive approval to

examine and assign recommended

shipping names, divisions and

compatibility groups for new

explosives. The proposal stated that the

person applying for the approval must

meet the following criteria: (1) Is not be

controlled by, or financially dependent

upon, any entity that manufactures or

markets explosives; (2) Does not

perform any type of work in the

explosives industry other than testing

for determination of hazard class or

performance; (3) Either has, or employs

a person who has, at least ten years’

experience in the examination, testing

and evaluation of explosives; and (4) Is

a resident of the United States.

One commenter contended that the

proposed criterion to exclude explosives

manufacturers was overly restrictive

and stated that provisions should be

similar to those in § 173.56(j), which

allows manufacturers of Class 1.4

fireworks to classify their own items.

However, another commenter stated that

the proposed criterion should be more

restrictive, stating that the criterion

would permit the approval of too many

persons and, thereby, render the activity

economically infeasible.

RSPA disagrees with both

commenters. First, under § 173.56(j),

fireworks manufacturers are permitted

to classify their own items provided the
37456 Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations

items’ chemical compositions conform

to the parameters prescribed in the

American Pyrotechnics Association’s

(APA) Standard for Construction of

Fireworks. These chemical

compositions identified in the APA

standard have been used for over 50

years and their safety and stability are

well known. They also have a proven

transportation safety record. A similar

situation does not apply to other types

of explosives. Second, the proposed

criterion provides for the approval of

persons who have the prescribed

experience in the examination, testing

and evaluation of explosives. RSPA

does not believe a limitation on the

number of qualified persons who are

approved to perform this function

should be imposed by RSPA. Therefore,

RSPA is adopting the provisions as

proposed.

Also, as proposed in the NPRM, RSPA

is revising paragraph (i) to provide for

RSPA to classify a material or device

without a prior examination when

adequate data is available.

Section 173.156

RSPA is revising paragraph (b)(1) to

clarify that the package markings

specified in subpart D of part 172 do not

apply to cages, carts, boxes or similar

overpacks containing ORM–D materials

that are offered for transportation or

transported according to § 173.156(b)(1).

Section 173.308.

RSPA is revising paragraph (b) to

clarify that when transporting up to

1,500 cigarette lighters on one motor

vehicle by highway, the only part 172

provisions that do not apply are the

hazard communication requirements in

subparts C through G (i.e., shipping

papers, marking, labeling, placarding,

emergency response information) and

the training requirements in subpart H.

Special Provision N10 applies. RSPA

also is revising paragraph (b) to require

that the outer packaging be marked to

identify the total number of devices

contained in the package.

Section 173.469

In paragraph (a)(4)(i), the value of 1.3

x 10 ¥24 is amended to read 1.3 x 10 ¥4

in order to correct a printing error.

Part 175

Section 175.10

RSPA proposed to permit one selfdefense device, not exceeding 118 ml (4

fluid ounces), per passenger, in checked

baggage, provided the device

incorporates a positive means to prevent

accidental discharge. The Air Line

Pilots Association (ALPA) supported the

proposal to regulate self-defense spray

devices but stated: ‘‘We also re-affirm

our opposition to hazardous material

items that are considered weapons of

self-defense to be carried by passengers

on their person, placed in carry-on

baggage, or placed in checked baggage.

We maintain this position, in part,

because these items could potentially be

used in a threatening manner and

subsequent release that would be

debilitating to the passengers and crew.

Additionally, our concern includes that

there is no way to inspect or determine,

prior to a release or incident, if the

positive means (safety device)

referenced in new [proposed] paragraph

§ 175.10(a)(4)(ii) is operable and in

place to prevent accidental discharge

and release of the contents, specifically

with reference to the aerosols.’’

In a few cases, self-defense sprays

have been discovered in passengers’

carry-on luggage after the devices were

accidentally initiated. These situations

were effectively mitigated by flight

crews and investigated by Federal

Aviation Administration (FAA)

personnel. FAA is unaware of any

reported cases of self-defense sprays,

packed in checked baggage, initiating in

flight and causing discomfort to

passengers or crew. Therefore, RSPA is

revising paragraph (a)(4) to clarify that

all types of self-defense sprays are

prohibited from being transported by air

in a passenger compartment, either on

one’s person or in carry-on baggage.

However, RSPA is permitting one selfdefense device to be carried in checked

baggage.

An air carrier expressed its support

for the proposal but stated that it had a

general concern that RSPA’s statement

in the preamble discussion to the

§ 172.101 HMT in the NPRM,

characterizing mace and pepper sprays

as a ‘‘deadly or dangerous weapon,’’

could be misconstrued. The air carrier

requested that RSPA clarify that the

responsibility of the air carrier is to post

warning signs, such as required by

proposed § 175.25, or otherwise notify

the passenger of the regulations, and not

to conduct questioning of passengers or

searching of baggage for these items.

RSPA did not intend in the preamble of

the NPRM to imply that air carriers or

airport personnel would be required to

implement additional controls to screen

each passenger or each passenger’s

baggage.

In addition, this section is revised to

clarify that the quantity limits in

paragraphs (a)(4)(i) and (a)(4)(ii) apply

to both medicinal and toilet articles and

to Division 2.2 aerosols for sporting or

home use. This section also is

editorially revised to make it easier to

read and use.

Section 175.25

Paragraph (a) requires that aircraft

operators display notices warning

passengers against carrying undeclared

hazardous materials aboard aircraft, in

either their luggage or on their persons.

As proposed in the NPRM, RSPA is

revising the language used in the notice

to reflect changes in the statutory

citation and penalties. A new paragraph

(a) is added to allow aircraft operators

to display existing notices containing

the obsolete language until January 1,

2002.

In addition, based on RSPA and FAA

initiative, RSPA is making four other

non-substantive changes that provide

greater carrier flexibility. First, the

introductory language to paragraph

(a)(1) is revised to read: ‘‘At a minimum,

each notice must communicate the

following information:’’. Second, the

wording in current paragraph (a)(3) is

revised to permit additional

information, examples, or illustration, if

not inconsistent with the required

wording. These changes are consistent

with the introductory language in

§ 175.26(a) and permit the specified

information to be conveyed to the

public while leaving the format for

presenting the information, such as the

use of graphics, to air carriers’

discretion. Third, paragraph (a)(2)(i) is

revised to permit posters displayed by

U.S. air carriers to have information

printed in other languages, in addition

to the required English. This wording

facilitates communication of the

required information to non-English

speaking passengers and is consistent

with § 175.26(b)(1). Fourth, paragraph

(a)(2)(ii) is revised to require that the

lettering for only the first paragraph of

the notice be at least 0.4 inch in height

and the lettering for all other paragraphs

be at least 0.2 inch in height. The

reduction of the lettering size will allow

more space for other information, such

as graphics.

Finally, as proposed, the quantity

limit reference also is corrected for

medicinal and toilet articles carried in

a passenger’s luggage to read 70 ounces

for consistency with the exception

provided in § 175.10(a)(4)(i).

Section 175.26

This section requires each person who

engages in the acceptance or transport of

cargo for transportation by aircraft to

display a notice, to persons offering

such cargo, of the applicable

requirements for hazardous materials

aboard aircraft. RSPA is amending the

wording required in the notice to state

that a violation can result in five years’

imprisonment and penalties of $250,000
Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations 37457

or more (49 U.S.C. 5124). In addition, a

new paragraph (a)(4) is added to allow

each person who accepts or transports

cargo for transportation by aircraft to

display existing notices containing the

obsolete language until January 1, 2002.

Part 177

Section 177.834

RSPA proposed to relax a provision in

paragraph (h) to permit an IM portable

tank to be unloaded while remaining on

a transport vehicle with the power unit

attached, provided the tank meets the

outlet requirements in § 178.345–11 and

is attended during the unloading, as

currently required for cargo tank motor

vehicles under § 177.834(i). Section

178.345–11(b)(1)(iii) provides that the

remote means of closure for the stop

valve on a cargo tank must be capable

of thermal activation when required by

Part 173 for materials which are

flammable, pyrophoric, oxidizing, or

poisonous liquids. Three commenters

stated that many IM portable tanks are

not fitted with outlet valves meeting this

requirement. They stated that RSPA

should allow sufficient time for valve

manufacturers to develop a valve system

that works with a fusible link for

installation on new IM portable tanks

and that all existing IM portable tanks

should be excepted from the valve

requirement. One of the commenters,

the Chemical Manufacturers

Association, stated that the redesign of

a proven cargo handling system and the

retrofit of existing portable tanks to

provide for thermal activation capability

would be both expensive and disruptive

of commerce because tanks would have

to be removed from service.

RSPA disagrees with the commenters.

The tank outlets are required to be

equipped with this feature to ensure

that the valve closes in a fire situation.

Cargo tanks have been required to have

this feature for many years. RSPA

believes that when an IM portable tank

is used in the same manner as a cargo

tank it should have the same level of

safety in the event the operator cannot

manually operate the closure. RSPA

received no comments on the proposal

from valve manufacturers.

A fourth commenter, the National

Tank Truck Carriers, Inc. (NTTC), stated

that the proposed amendment will

increase the use of IM portable tanks for

transporting hazardous materials,

nationwide. Therefore, IM portable

tanks, when operating as cargo tanks,

should be subject to all safety

requirements paralleling those of

traditional cargo tank motor vehicles,

including emergency shut-down

equipment, fusible and/or frangible

device, etc., and, in addition, the

requalification requirements contained

in Part 180.

NTTC also stated that RSPA should

specify the types of motor vehicle

chassis, or securement devices, to use

for IM portable tanks. NTTC stated that,

with the types of trailers ranging from

special ‘‘container only’’ chassis to

equipment, such as, so-called ‘‘gooseneck’’ trailers, drop frame trailers and

the conventional ‘‘flat bed’’ units,

container securement is not adequately

addressed in the Federal Motor Carrier

Safety Regulations (49 CFR 393.100 et.

seq.).

RSPA disagrees with NTTC that these

IM portable tanks should meet the cargo

tank requalification requirements in

subpart E of Part 180 and that additional

securements should apply to them.

RSPA received no specific data

indicating that the current requirements

are inadequate. RSPA will continue to

monitor the transportation experience of

these tanks to determine if there may be

a need to revise the securement

requirements in a future rulemaking

action.

Several commenters stated that the

proposal to permit on-vehicle unloading

of IM portable tanks should also apply

to loading and pointed out RSPA’s

comment in the preamble that ‘‘portable

tanks are not intended to be filled or

emptied while attached to a transport

vehicle or a ship during transportation.’’

The statement in the NPRM was in

error. RSPA intended to say that

portable tanks may not be emptied

while remaining on a transport vehicle

with the motive power attached during

transportation. The restriction contained

in the next-to-last sentence of current

paragraph (h) does not apply to loading.

Therefore, the comments are beyond the

scope of this rulemaking.

Another commenter stated that the

cargo tank attendance rule in paragraph

(i)(3) is ‘‘onerous and perhaps

outmoded’’ and should be revised to

provide exceptions for cargo tanks

loaded or unloaded inside plant

facilities without public access. The

need, if any, for changes to attendance

requirements are beyond the scope of

this rulemaking.

Finally, a commenter requested that

the proposal be broadened to include all

bulk packagings and that the definition

of a cargo tank, in § 171.8, be amended

to include an intermediate bulk

container (IBC). RSPA may address

other bulk packagings in a future

rulemaking action. A proposal to amend

the definition of a cargo tank is being

considered under Docket HM–213.

In conclusion, as proposed in the

NPRM, RSPA is permitting IM portable

tanks to be unloaded without being

removed from the motor vehicle if the

outlet requirements in § 178.345–11 and

the § 178.337–11 and attendance

requirements are met.

Section 177.848

In paragraph (f), the Compatibility

Table for Class 1 (Explosive) Materials

is revised to clarify that Groups B and

D are not compatible. However, a

domestic exception (4) is allowed for

Detonators when they are transported in

accordance with the restrictions in

§ 177.835(g). To avoid the possibility of

incompatible explosives being

transported together, RSPA is clarifying

the restriction by replacing the entry

‘‘4’’ with the entry ‘‘X(4)’’.

Part 178

Section 178.65

Paragraph (i)(2)(viii)(A) is revised to

update the citation ‘‘49 U.S.C. 1809’’ to

read ‘‘49 U.S.C. 5124.’’

Sections 178.352 through 178.364

Several specification packaging

requirements for radioactive materials

contain obsolete section references.

RSPA is updating these section

references in this final rule.

Part 180

Section 180.405

RSPA is revising paragraph (c)(1) to

recognize that the date marked on

certain older cargo tanks was the date

initial construction began rather than

the date construction was completed.

This action more precisely grandfathers

cargo tanks in a manner consistent with

former § 173.33(b)(1) (in effect prior to

December 31, 1990), which read: ‘‘A

cargo tank of the specification listed in

Column 1 may be used when authorized

in this part, provided the tank

construction began before the date in

Column 2.’’ This provision applied to

MC 300, 301, 302, 303, 304, 305, 310,

311 and 330 cargo tank motor vehicles.

Finally, paragraph (f) is revised to

allow the continued use of a cargo tank

equipped with a self-closing system

before September 1, 1993, but remarked

and certified after that date.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

This proposed rule is not considered

a significant regulatory action under

section 3(f) of Executive Order 12866

and, therefore, was not reviewed by the

Office of Management and Budget. This

rule is not significant under the

Regulatory Policies and Procedures of
37458 Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations

the Department of Transportation (44 FR

11034).

The costs and benefits asociated with

this final rule are considered to be so

minimal as to not warrant preparation of

a regulatory impact analysis or

regulatory evaluation.

B. Executive Order 12612

This final rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612 (‘‘Federalism’’). Federal law

expressly preempts State, local, and

Indian tribe requirements applicable to

the transportation of hazardous material

that cover certain subjects and are not

substantively the same as the Federal

requirements. 49 U.S.C. 5125(b)(1).

These subjects are:

(i) The designation, description, and

classification of hazardous material;

(ii) The packing, repacking, handling,

labeling, marking, and placarding of

hazardous material;

(iii) The preparation, execution, and

use of shipping documents pertaining to

hazardous material and requirements

respecting the number, content, and

placement of those documents;

(iv) The written notification,

recording, and reporting of the

unintentional release in transportation

of hazardous material; or

(v) The design, manufacturing,

fabrication, marking, maintenance,

reconditioning, repairing, or testing of a

package or container which is

represented, marked, certified, or sold

as qualified for use in the transportation

of hazardous material.

This final rule concerns the

classification, packaging, marking,

labeling, and handling of hazardous

material, among other covered subjects.

This final rule would preempt any

State, local, or Indian tribe requirements

concerning these subjects unless the

non-Federal requirements are

‘‘substantively the same’’ (see 49 CFR

107.202(d)) as the Federal requirements.

Federal law (49 U.S.C. 5125(b)(2))

provides that if DOT issues a regulation

concerning any of the covered subjects

after November 16, 1990, DOT must

determine and publish in the Federal

Register the effective date of Federal

preemption. That effective date may not

be earlier than the 90th day following

the date of issuance of the final rule and

not later than two years after the date of

issuance.

C. Regulatory Flexibility Act

This final rule would amend

miscellaneous provisions in the HMR,

generally to clarify those provisions and

to relax requirements that are overly

burdensome. The proposed changes in

this rule are generally intended to

provide relief to shippers, carriers, and

packaging manufacturers, some of

whom are small entities (for example,

small businesses, governmental

jurisdictions and not-for-profit

organizations). The costs and benefits

associated with this proposed rule are

considered to be so minimal as to not

warrant preparation of a regulatory

impact analysis or regulatory

evaluation. Small incremental cost

increases are associated with updating

the hazardous materials information

shown on airport signs in §§ 175.25 and

175.26. A delayed compliance date of

January 1, 2002, is provided for

displaying the notices to allow for a

sufficient transition period. Therefore, I

certify that this proposal will not, if

promulgated, have a significant

economic impact on a substantial

number of small entities.

D. Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1995, no person is required to

respond to a collection of information

unless it displays a valid OMB control

number. This final rule does not

propose any new information collection

burdens. Information collection

requirements addressing the approval of

explosives in § 173.56 are currently

approved under OMB approval number

2137–0557. This approval expires July

31, 1999.

E. Regulation Identifier Number (RIN)

A regulation identifier number (RIN)

is assigned to each regulatory action

listed in the Unified Agenda of Federal

Regulations. The Regulatory Information

Service Center publishes the Unified

Agenda in April and October of each

year. The RIN number contained in the

heading of this document can be used

to cross-reference this action with the

Unified Agenda.

F. Unfunded Mandates Reform Act

This final rule does not impose

unfunded mandates under the

Unfunded Mandates Reform Act of

1995. It does not result in costs of $100

million or more to either State, local, or

tribal governments, in the aggregate, or

to the private sector, and is the least

burdensome alternative that achieves

the objective of the rule.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials

transportation, Hazardous waste,

Imports, Incorporation by reference,

Reporting and recordkeeping

requirements.

49 CFR Part 172

Hazardous materials transportation,

Hazardous waste, Labels, Markings,

Packaging and containers, Reporting

and recordkeeping requirements.

49 CFR Part 173

Hazardous materials transportation,

Packaging and containers, Radioactive

materials, Reporting and recordkeeping

requirements, Uranium.

49 CFR Part 175

Air carriers, Hazardous materials

transportation, Radioactive materials,

Reporting and recordkeeping

requirements.

49 CFR Part 177

Hazardous materials transportation,

Motor carriers, Radioactive materials,

Reporting and recordkeeping

requirements.

49 CFR Part 178

Hazardous materials transportation,

Motor vehicle safety, Packaging and

containers, Reporting and recordkeeping

requirements.

49 CFR Part 180

Hazardous materials transportation,

Motor carriers, Motor vehicle safety,

Packaging and containers, Reporting

and recordkeeping requirements.

In consideration of the foregoing, 49

CFR chapter I is amended as follows:

PART 171—GENERAL INFORMATION,

REGULATIONS AND DEFINITIONS

1. The authority citation for part 171

continues to read as follows:

Authority: 49 U.S.C. 5101–5127, 49 CFR

1.53.

2. In the § 171.7(a)(3) Table, under the

entry ‘‘Association of American

Railroads’’, a new entry is added in

appropriate alphabetical order to read as

follows:

§ 171.7 Reference material.

(a) Matter incorporated by reference.

* * *

(3) Table of material incorporated by

reference. * * *
Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations 37459

Source and name of material 49 CFR reference

* * * * * * *

Association of American Railroads,

* * * * * * *

AAR Manual of Standards and Recommended Practices, Section C—

Part III, Specifications for Tank Cars, Specification M–1002, September 1996.

174.63; 179.6; 179.7; 179.12; 179.15; 179.16; 179.20; 179.22;

179.100; 179.101; 179.102; 179.103; 179.200; 179.201; 179.220;

179.300; 179.400; 180.509; 180.513; 180.515; 180.517.

* * * * * * *

* * * * *

§ 171.7 [Amended]

3. In addition, in the § 171.7(a)(3)

Table, under the entry ‘‘Association of

American Railroads’’, for the entry

‘‘AAR Manual of Standards and

Recommended Practices, Section C—

Part III, Specifications for Tank Cars,

Specification M–1002, September

1992’’, in the second column, the

existing section references are removed

and a new reference ‘‘173.31’’ is added

in their place.

4. In § 171.8, the following definition

is added in the appropriate alphabetical

order to read as follows:

§ 171.8 Definitions and abbreviations.

* * * * *

Self-defense spray means an aerosol

or non-pressurized device that:

(1) Is intended to have an irritating or

incapacitating effect on a person or

animal; and

(2) Meets no hazard criteria other than

for Class 9 (for example, a pepper spray;

see § 173.140(a) of this subchapter) and,

for an aerosol, Division 2.1 or 2.2 (see

§ 173.115 of this subchapter), except

that it may contain not more than two

percent by mass of a tear gas substance

(e.g., chloroacetophenone (CN) or 0-

chlorobenzylmalonitrile (CS); see

§ 173.132(a)(2) of this subchapter.)

* * * * *

§ 171.8 [Amended]

5. In addition, in § 171.8, for the

definition ‘‘Marine pollutant’’, in the

first sentence, the wording ‘‘this

subchapter and,’’ is removed and ‘‘this

subchapter (also see § 171.4) and,’’ is

added in its place.

§ 171.18 [Removed and Reserved]

6. Section 171.18 is removed and

reserved.

7. Section 171.19 is revised to read as

follows:

§ 171.19 Approvals or authorizations

issued by the Bureau of Explosives.

Effective December 31, 1998,

approvals or authorizations issued by

the Bureau of Explosives (BOE), other

than those issued under part 179 of this

subchapter, are no longer valid.

PART 172—HAZARDOUS MATERIALS

TABLE, SPECIAL PROVISIONS,

HAZARDOUS MATERIALS

COMMUNICATIONS, EMERGENCY

RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

8. The authority citation for part 172

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

9. In § 172.101, the Hazardous

Materials Table is amended by adding

the following entries, in appropriate

alphabetical order, to read as follows:

§ 172.101 Purpose and use of hazardous

materials table.

* * * * *
37460 Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations

§ 172.101 HAZARDOUS

MATERIALS

TABLE

Symbols Hazardous materials descriptions and proper shipping names

Hazard

class

or division

Identification numbers PG Label codes Special provisions

(8)

Packaging (§ 173.* * *)

(9)

Quantity limitations

(10)

Vessel stowage

Exceptions Non- bulk Bulk Passenger air- craft/rail Cargo aircraft only Location Other

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

* * * * * * *

[ADD:]

Pepper spray, see Aerosols, etc. or Self-defense spray,

non-pressurized.

............ .................. .................. ............ .................. ............ ............ ............ ........................ ........................ .................. ............

* * * * * * *

Self-defense spray, aerosol, see Aerosols, etc ..................... ............ .................. .................. ............ .................. ............ ............ ............ ........................ ........................ .................. ............

+AD .......... Self-defense spray, non-pressurized ..................................... 9 NA3334 .... III .............. 9 A37 .......... 155 203 None No limit ........... No limit ........... A .............. ............

* * * * * * *
Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations 37461

§ 172.101 [Amended]

10. In addition, in § 172.101, in the

Hazardous Materials Table, the

following changes are made:

a. For the entry, ‘‘Aluminum smelting

by-products or Aluminum remelting byproducts’’ (UN3170), for Packing Groups

II and III, in Column (7), the special

provision ‘‘128,’’ is added immediately

before ‘‘B106’’, each place it appears.

b. For the entry, ‘‘Corrosive solids,

water-reactive, n.o.s.’’ (UN3096), for

Packing Group II, in Column (7), the

special provision ‘‘128,’’ is removed.

c. For the entry, ‘‘Detonators, nonelectric for blasting.’’, UN0455, in

Column (8A), the reference ‘‘None’’ is

revised to read ‘‘63(f), 63(g)’’.

d. For the entry, ‘‘Dimethylhydrazine,

unsymmetrical’’, in Column (7), the

special provision ‘‘B7,’’ is added

immediately following ‘‘2,’’.

e. For the entry, ‘‘Hydrazine,

anhydrous or Hydrazine aqueous

solutions with more than 64 percent

hydrazine, by mass.’’, in Column (7), the

special provision ‘‘B7,’’ is added

immediately following ‘‘A10,’’.

f. For the entry, ‘‘Methylhydrazine’’,

in Column (7), the special provision

‘‘B7,’’ is added immediately following

‘‘1,’’.

g. For the entry, ‘‘Trifluoroacetyl

chloride’’, in Column (7), the special

provision ‘‘B7,’’ is added immediately

following ‘‘2,’’.

h. For the entry, ‘‘Water-reactive

solid, corrosive, n.o.s.’’ (UN3131), for

Packing Groups II and III, in Column (7),

the special provision ‘‘128,’’ is removed

each place it appears.

10a. In § 172.102, paragraph (c)(1) is

amended by revising Special Provision

128 and paragraph (c)(2) is amended by

adding Special Provision A37 to read as

follows:

§ 172.102 Special provisions.

* * * * *

(c) * * *

(1) * * *

Code/Special Provisions

* * * * *

128. Regardless of the provisions of

§ 172.101(c)(12), aluminum smelting byproducts and aluminum remelting byproducts described under this entry, meeting

the definition of Class 8, Packing Group II

and III may be classed as a Division 4.3

material and transported under this entry.

The presence of a Class 8 hazard must be

communicated as required by this Part for

subsidiary hazards.

(2) * * *

Code/Special Provisions

* * * * *

A37. This entry applies only to a material

meeting the definition in § 171.8 of this

subchapter for self-defense spray.

* * * * *

PART 173—SHIPPERS—GENERAL

REQUIREMENTS FOR SHIPMENTS

AND PACKAGINGS

11. The authority citation for part 173

continues to read as follows:

Authority: 49 U.S.C. 5101–5127, 44701; 49

CFR 1.45, 1.53.

12. § 173.32c, in paragraph (m), a

second sentence is added to read as

follows:

§ 173.32c Use of Specification IM portable

tanks.

* * * * *

(m) * * * In addition, for unloading

an IM portable tank, see § 177.834(h) of

this subchapter.

* * * * *

§ 173.32c [Amended]

13. In addition, § 173.32c, in

paragraph (j), the first word ‘‘An’’ is

removed and ‘‘Except for a non-flowable

solid, an’’ is added in its place.

§ 173.40 [Amended]

14. In § 173.40, in paragraph (d)(1), in

the first sentence, the wording ‘‘4C1, 4D,

4F, 4G, 4H1 or 4H2’’ is removed.

15. In § 173.56, paragraph (b)(1) is

revised to read as follows:

§ 173.56 New explosives—definition and

procedures for classification and approval.

* * * * *

(b) * * *

(1) Except for an explosive made by

or under the direction or supervision of

the Department of Defense (DOD) or the

Department of Energy (DOE), a new

explosive must be examined and

assigned a recommended shipping

description, division and compatibility

group, based on the tests and criteria

prescribed in §§ 173.52, 173.57 and

173.58. The person requesting approval

of the new explosive must submit to the

Associate Administrator for Hazardous

Materials Safety a report of the

examination and assignment of a

recommended shipping description,

division, and compatibility group. If the

Associate Administrator finds the

approval request meets the regulatory

criteria, the new explosive will be

approved in writing and assigned an EX

number. The examination must be

performed by a person who is approved

by the Associate Administrator under

the provisions of subpart H of part 107

of this chapter and who—

(i) Has (directly, or through an

employee involved in the examination)

at least ten years of experience in the

examination, testing and evaluation of

explosives;

(ii) Does not manufacture or market

explosives, and is not controlled by or

financially dependent on any entity that

manufactures or markets explosives,

and whose work with respect to

explosives is limited to examination,

testing and evaluation; and

(iii) Is a resident of the United States.

* * * * *

§ 173.56 [Amended]

16. In addition, in § 173.56, in

paragraph (i), the wording ‘‘, following

examination in accordance with

paragraph (b) of this section, revise its’’

is removed and the wording ‘‘specify a’’

is added in its place.

17. In § 173.156, paragraph (b)(1)

introductory text is revised to read as

follows:

§ 173.156 Exceptions for ORM materials.

* * * * *

(b) * * *

(1) Strong outer packagings as

specified in this part, marking

requirements specified in subpart D of

part 172 of this subchapter, and the 30

kg (66 pounds) gross weight limitation

are not required for materials classed as

ORM–D when—

* * * * *

18. In § 173.308, paragraph (b) is

revised to read as follows:

§ 173.308 Cigarette lighter or other similar

device charged with fuel.

* * * * *

(b) When no more than 1,500 devices

covered by this section are transported

in one motor vehicle by highway, the

requirements of subparts C through H of

part 172 of this subchapter, and part 177

of this subchapter do not apply.

However, no person may offer for

transportation or transport the devices

or prepare the devices for shipment

unless that person has been specifically

informed of the requirements of this

section. The outer packaging, as

specified in Special Provision N10 of

§ 172.102(c)(5) of this subchapter, must

be plainly and durably marked with the

required proper shipping name

specified in § 172.101 of this

subchapter, or the words ‘‘CIGARETTE

LIGHTERS’’ and the number of devices

contained in the package.

* * * * *

§ 173.469 [Amended]

19. In § 173.469(a)(4)(i), in the second

sentence, the mathematical expression

‘‘(1.3 × 10 ¥24’’ is removed and ‘‘(1.3 ±

10¥4’’ is added in its place.
37462 Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations

PART 175—CARRIAGE BY AIRCRAFT

20. The authority citation for part 175

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

21. In § 175.10, paragraph (a)(4) is

revised to read as follows:

§ 175.10 Exceptions.

(a) * * *

(4) The following hazardous materials

when carried by a passenger or crew

member for personal use in

conformance with the following

conditions:

(i) Non-radioactive medicinal and

toilet articles (including aerosols) may

be carried in checked or carry-on

baggage;

(ii) One self-defense spray (see § 171.8

of this subchapter), not exceeding 118

ml (4 fluid ounces) by volume, that

incorporates a positive means to prevent

accidental discharge may be carried in

checked baggage only;

(iii) Other aerosols in Division 2.2

with no subsidiary risk may be carried

in checked baggage only; and

(iv) The aggregate quantity of

hazardous materials carried by the

person may not exceed 2 kg (70 ounces)

by mass or 2 liters (68 fluid ounces) by

volume and the capacity of each

container may not exceed 0.5 kg (18

ounces) by mass or 470 ml (16 fluid

ounces) by volume.

* * * * *

22. In § 175.25, the introductory text

to paragraph (a)(1), the second and fifth

full paragraphs of the notice in

paragraph (a)(1), and paragraphs

(a)(2)(i), (a)(2)(ii) and (a)(3) are revised;

and a new paragraph (a)(4) is added, to

read as follows:

§ 175.25 Notification at air passenger

facilities of hazardous materials

restrictions.

(a) * * *

(1) At a minimum, each notice must

communicate the following information:

* * * * *

A violation can result in five years’

imprisonment and penalties of $250,000 or

more (49 U.S.C. 5124).

* * * * *

There are special exceptions for small

quantities (up to 70 ounces total) of

medicinal and toilet articles carried in your

luggage and certain smoking materials

carried on your person.

* * * * *

(2) * * *

(i) In legible English and may, in

addition to English, be displayed in

other languages; and

(ii) In lettering of at least 1 cm (0.4

inch) in height for the first paragraph

and 6.0 mm (0.2 inch) in height for the

other paragraphs; and

* * * * *

(3) Size and color of the notice are

optional. Additional information,

examples, or illustrations, if not

inconsistent with the required

information, may be included.

(4) Notwithstanding the requirements

of paragraph (a)(1) of this section, a

notice with the wording ‘‘A violation

can result in penalties of up to $25,000

and five years’ imprisonment. (49 U.S.C.

1809)’’ may be used through December

31, 2001.

* * * * *

23. In § 175.26, paragraph (a)(2) is

revised and a new paragraph (a)(4) is

added to read as follows:

§ 175.26 Notification at cargo facilities of

hazardous materials requirements.

(a) * * *

(2) A violation can result in five years’

imprisonment and penalties of $250,000

or more (49 U.S.C. 5124).

* * * * *

(4) Notwithstanding the requirements

of paragraph (a)(2) of this section, a

notice with the wording ‘‘A violation

can result in penalties of up to $25,000

and five years’ imprisonment (49 U.S.C.

1809)’’ may be used through December

31, 2001.

* * * * *

PART 177—CARRIAGE BY PUBLIC

HIGHWAY

24. The authority citation for part 177

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

§ 177.834 [Amended]

25. In § 177.834, in paragraph (h), in

the next to the last sentence, the

wording ‘‘cargo tank’’ is removed and

the wording ‘‘cargo tank or IM portable

tank’’ is added in its place, and a new

paragraph (o) is added to read as

follows:

§ 177.834 General requirements.

* * * * *

(o) Unloading of IM portable tanks.

An IM portable tank may be unloaded

while remaining on a transport vehicle

with the power unit attached if the tank

meets the outlet requirements in

§ 178.345–11 of this subchapter and the

tank is attended by a qualified person

during the unloading in accordance

with the requirements in paragraph (i)

of this section.

§ 177.848 [Amended]

26. In § 177.848, in (f), in the

Compatibility Table for Class 1

(Explosive) Materials, for compatibility

group B, under the column headed ‘‘D’’

and for compatibility group D, under the

column headed ‘‘B’’, the entry ‘‘4’’ is

removed and ‘‘X(4)’’ is added in both

places.

PART 178—SPECIFICATIONS FOR

PACKAGINGS

27. The authority citation for part 178

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

§ 178.352–4 [Amended]

28. In § 178.352–4, at the end of the

section, the section reference

‘‘§ 178.103(3)(c)(1)’’ is revised to read

‘‘§ 178.352–3(c)(1)’’.

§ 178.354–2 [Amended]

29. In § 178.354–2, in the first

sentence of paragraph (a), the section

reference ‘‘§ 178.104–5’’ is revised to

read ‘‘§ 178.354–5’’.

§ 178.354–3 [Amended]

30. In § 178.354–3, in paragraph (c)

introductory text, the section reference

‘‘§ 178.104–3(a)(1)’’ is revised to read

‘‘paragraph (a)(1) of this section’’.

§ 178.354–5 [Amended]

31. In § 178.354–5, in paragraph (a),

the wording ‘‘§ 173.24 of this chapter’’

is revised to read ‘‘§ 178.3’’.

§ 178.356–4 [Amended]

32. In § 178.356–4, in paragraph (a),

the wording ‘‘§ 173.24 of this

subchapter’’ is revised to read ‘‘§ 178.3’’.

§ 178.358–3 [Amended]

33. In § 178.358–3, the following

changes are made:

a. In paragraph (b)(6), the section

reference ‘‘§ 178.121–5(c)’’ is revised to

read ‘‘§ 178.358–5(c)’’.

b. In paragraph (c), the section

reference ‘‘§ 178.121–5(b)’’ is revised to

read ‘‘§ 178.358–5’’.

§ 178.358–5 [Amended]

34. In § 178.358–5, in paragraph (a),

the wording ‘‘§ 173.24 of this

subchapter’’ is revised to read ‘‘§ 178.3’’.

§ 178.360–2 [Amended]

35. In § 178.360–2, the section

reference ‘‘§ 178.34–4’’ is revised to read

‘‘§ 178.360–4’’.

§ 178.362–3 [Amended]

36. In § 178.362–3, in paragraph (b),

the section reference ‘‘§ 178.104–4’’ is

revised to read ‘‘§ 178.354–4’’.

§ 178.364–5 [Amended]

37. In § 178.364–5, in paragraph (a),

the wording ‘‘§ 173.24 of this

subchapter’’ is revised to read ‘‘§ 178.3’’.
Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations 37463

PART 180—CONTINUING

QUALIFICATION AND MAINTENANCE

OF PACKAGINGS

38. The authority citation for part 180

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

39. In § 180.405, paragraph (c)(1) is

revised, paragraph (f)(7) is redesignated

as paragraph (f)(8) and new paragraph

(f)(7) is added to read as follows:

§ 180.405 Qualification of cargo tanks.

* * * * *

(c) * * * (1) A cargo tank made to a

specification listed in Column 1 of

Table 1 or Table 2 of this paragraph

(c)(1) may be used when authorized in

this part, provided—

(i) The cargo tank initial construction

began on or before the date listed in

Table 1, Column 2, as follows:

TABLE 1

Column 1 Column 2

MC 300 .............................. Sept. 2, 1967.

MC 301 .............................. June 12, 1961.

MC 302, MC 303, MC 304,

MC 305, MC 310, MC

311.

Sept. 2, 1967.

MC 330 .............................. May 15, 1967.

(ii) The cargo tank was marked or

certified before the date listed in Table

2, Column 2, as follows:

TABLE 2

Column 1 Column 2

MC 306, MC 307, MC 312 Sept. 1, 1995.

* * * * *

(f) * * *

(7) A cargo tank remarked and

certified in conformance with this

paragraph (f) is excepted from the

provisions of § 180.405(c).

* * * * *

Issued in Washington, DC, on July 2, 1998,

under authority delegated in 49 CFR part

106.

Kelley S. Coyner,

Deputy Administrator, Research and Special

Programs Administration.

[FR Doc. 98–18060 Filed 7–9–98; 8:45 am]

BILLING CODE 4910–60–P